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96 AUG 15.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on August 15, 1996 at the regular meeting place of the Council. Alderman Marshall Smith delivered the invocation after which Vice Mayor Joe Williamson led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty answered ROLL CALL. Alderman Lewis came in at approximately 7:03 p.m. PRESENT NINE (9), ABSENT (1). Vice Mayor Williamson answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Mayoral Assistants Michael Beeman and Mark Powers, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Coordinator Murice Green, Finance Director Paul Mushrush, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Community Development Director Tony Ply, Code Enforcement Officer Vern Howell, Planning Commissioner Kenny Elliott, Mrs. DeDe Hibbs, other City employees, interested citizens and members of the press. PRESENTATION OF MINUTES: Vice Mayor Williamson presented the minutes of the Regular City Council Meeting of August 1, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Sansing, that the minutes of the Regular City Council Meeting of July 18, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPARTMENT/JULY Alderman Wilson moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for the month of July 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 354.50 SECURITY DEPOSITS..........................$ 250.00 TOTAL..................................... $ 604.50 ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. POLICE DEPARTMENT/JULY Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report for the July, 1996 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 85,713.36, Miscellaneous Payments $ 119.75, Report Sales $ 120.00 for a total Collections of $ 85,953.11. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT/JULY Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report for July 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $273,800.00 for the month of July) ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CDBG/JULY Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report of the Community Development Department for July, 1996 be approved. Said report reflects: Informal Meetings ....................................... 3 HUD Meetings............................................. 0 Public Hearings.......................................... 1 Professional meetings.................................... 0 a. Letters to prospective applicants..................... 4 b. Applications received................................. 2 c. Bids Advertised....................................... 1 d. Work write-ups & estimates............................ 1 e. Pre-constructions conferences......................... 3 f. Appraisals & Environmental reviews.................... 0 g. Interim Inspections................................... 69 h. Final inspections..................................... 1 i. Emergency Inspection................................. 1 j. Partial payments...................................... 0 k. Project Close-outs.................................... 0 l. Warranty Repairs...................................... 0 m. Contracts signed...................................... 3 n. Rehab mortgages released............................. 0 Public Works: a. Proposals Received.................................... 0 b. Interim Inspections................................... 12 c. Project Close-out..................................... 0 d. Pre-construction Conference........................... 1 ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: FINAL PLAT: WALNUT POINTE NORTH LAKE SUBDIVISION PHASE VI It was pointed out by City Engineer Reel and Planning Commissioner Kenny Elliott that there was no problem with the approval of the final plat by the Planning Commission. The following is on record in the minutes of the August 12, 1996 meeting of the Planning Commission with regard to their action on the Final Plat of Walnut Pointe North Lake Subdivision Phase VI: Commissioner Elliott moved, seconded by Commissioner Dornblaser that the FINAL PLAT of WALNUT POINTE NORTH LAKE SUBDIVISION PHASE VI (as revised) be APPROVED, with the stipulation that the Bill of Assurance be changed to read eight (8) ft. side yard setback instead of seven (7) ft. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the FINAL PLAT of WALNUT POINTE NORTH LAKE SUBDIVISION PHASE VI be APPROVED as presented. MOTION CARRIED. A corrected copy of the Bill of Assurance was presented to the City Council and is on file in the office of the City Clerk's office. GENERAL: a. REPORT by City Engineer Ref: Improvement Cost to Recycling Center City Engineer Reel voiced that it will cost approximately $70,000.00 for remodeling the north one third of the existing recycling building. It was determined that the portion for consideration is approximately 8,000 sq. ft. He said that there were things inside and out which need to be brought up to code. He related that vinyl siding cannot be used due to the fire district in which it exists, that steel siding would have to be used. He pointed out, after a question by Alderman Wilson, that the cost of a new building that size would probably be double the amount to remodel. He said that the life-span of the building after remodeling would be probably ten years or less taking into consideration that there are plans to move the tub grinder to another location. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. There was a general discussion regarding the aesthetics of the building upon remodeling and costs of the same, loosing a possible $100,000.00 in a short period of time if the building is remodeled versus relocating the equipment and operation of recycling and the tub grinder. Removal of asbestos and roof repair were also discussed. The general consensus of the Council was that sketches and cost estimates be brought back for their consideration as soon as possible. b. ORDINANCE 1063 (#12-96) 2nd Reading Adoption of Arkansas Mechanical Code AN ORDINANCE ADOPTING THE ARKANSAS MECHANICAL CODE, AS AMENDED, FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Smith to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. Motion received nine (9) affirmative votes, (0) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. City Engineer Reel related that the State has passed a law for the licensing for HVAC installers. He said that there are areas where the Code Enforcement Officers for the City do not actually make inspections on HVAC. He related that persons are not required to have a permit and that suggestions made by the officers may or may not be followed. He gave an example which exists on Main Street relating that both a gas hot water heater and a gas heating unit in a commercial building are vented above the ceiling and not out through the roof. He said that changes to make the situation safe have been suggested by the officers. He pointed out that if the purchase of a permit is required, the City will have more authority to see that problems are corrected and will help to get rid of some bad workmanship. He said that the fee can be minimal suggesting that control over unsafe situations is the most important factor. Alderman Fletcher moved, seconded by Alderman Wilson to ACCEPT the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Lewis to place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. Alderman Fletcher moved, seconded by Alderman Ray to ACCEPT the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith that the Emergency Clause be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1063 THIS 15th DAY OF AUGUST, 1996. c. RESOLUTION 490 (#5-96) Participation in Central Arkansas Regional Transportation Study A RESOLUTION TO PARTICIPATE IN THE CENTRAL ARKANSAS REGIONAL TRANSPORTATION STUDY AND CONCUR IN THE AMENDMENTS TO THE CARTS AGREEMENT OF UNDERSTANDING; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Lewis that Resolution 490 (#5-96) be read. MOTION CARRIED with no opposition voiced. Alderman Smith moved, seconded by Alderman Lewis that Resolution 490 (#5-96) be APPROVED. MOTION CARRIED. d. ORDINANCE NO. 1064 (#13-96) POLICY MANUAL UPDATE AN ORDINANCE AMENDING THE CITY OF JACKSONVILLE PERSONNEL POLICY MANUAL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Vice Mayor Williamson recognized City Attorney Bamburg who addressed the item of business. He said that it is a compilation of changes in the Policy Manual which was adopted by ordinance thus making any and all amendments have to be treated in the same manner. He pointed out that Section 55. Electronic Mail (E-Mail), page 34, should be inserted in the manual, that it had been omitted by error. Alderman Smith moved, seconded by Alderman Sansing, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Bamburg. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. Alderman Ray moved, seconded by Alderman Sansing, to suspend the rules and dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. Mr. Beeman was recognized to address the item. He said that compared to other cities the rate of reimbursement for tuition is very conservative. He said that most other cities not only reimburse tuition but also books and other types of expense related to the matter. He related that annual leave policy is probably conservative when compared to other cities in this area. He said that a lot of cities give more leave quicker than the City of Jacksonville. He said that he felt ours is more than adequate. Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Wilson moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Wilson moved, seconded by Alderman Sansing, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Sansing moved, seconded by Alderman Lewis that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith THE EMERGENCY CLAUSE BE APPROVED AND ADOPTED ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Keaton and Twitty voted AYE. NAY CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING AUGUST 15, 1996 7:00 P.M. - 7:38 P.M. (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1064 THIS 15tH DAY OF AUGUST 1996. APPOINTMENTS: ANNOUNCEMENTS: City Hall will be closed September 2nd/Labor Day Celebration DEVIATION IN AGENDA: After a general discussion regarding a dangerous point at Military Rd. and Stanfill Rd., the City Engineer related that he would write a letter to the State Highway Department requesting a caution light at the intersection of Stanfill Road and Military Road where numerous accidents have occurred. City Engineer Reel explained that some poles have been taken down at Martin St. to meet the requirements for lights on Hwy 161. He said that plans are being submitted to the Highway Department for approval of the endeavor. He said that there will be flashing lights on the side of the road on North First Street and Graham Rd. Alderman Wilson asked about the completion of drainage work behind Whit Davis Lumber Company. City Engineer Reel voiced that it is near completion and explained that when the work being done by the State is complete, the City will do clean out work to culverts which should help take care of the problem. City Attorney Bamburg related that notices are being prepared in the office of the City Engineer and will be sent to property owners of condemned houses regarding the intention of the City. ADJOURNMENT: Alderman Smith moved, seconded by Alderman Fletcher that the meeting adjourn at approximately 7:38 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer